To Class Counsel. A Class Counsel Fees Payment of not more than %, which is currently estimated to be $ , and a Class Counsel Litigation Expenses Payment of not more than $ . XYZ will not oppose requests for these payments provided that do not exceed these amounts. Plaintiff and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than [16 court] days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class Counsel or any other Plaintiff’s Counsel arising from any claim to any portion any Class Counsel Fee Payment and/or Class Counsel Litigation Expenses Payment. The Administrator will pay the Class Counsel Fees Payment and Class Counsel Expenses Payment using one or more IRS 1099 Forms. Class Counsel assumes full responsibility and liability for taxes owed on the Class Counsel Fees Payment and the Class Counsel Litigation Expenses Payment and holds XYZ harmless, and indemnifies XYZ, from any dispute or controversy regarding any division or sharing of any of these Payments.
To Class Counsel. Class Counsel will apply to the Court for, and Defendants agree not to oppose, a total Attorney Fee Award not to exceed thirty-five percent (35%) or $350,000 of the GSA and a Cost Award not to exceed $20,000. The Settlement Administrator will pay the Court-approved amounts for the Attorney Fee Award and Cost Award out of the Gross Settlement Fund. The Settlement Administrator may purchase an annuity to utilize US treasuries and bonds or other attorney fee deferral vehicles for Class Counsel. Payroll tax withholding and deductions will not be taken from the Attorney Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to these payments. Class Counsel shall be solely and legally responsible to pay all applicable taxes on the Fee and Cost Awards. In the event the Court does not approve the entirety of the application for the Attorney Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorney Fee Award and/or Cost Award, the difference shall become part of the NSA and will be distributed to Participating Class Members.
To Class Counsel. Class Counsel will apply to the Court for an award of not more than One-Third of the Gross Settlement Amount, which is presently $766,666, as their Class Counsel Fees Payment and an amount not more than $30,000 for all expenses incurred as documented in Class Counsel’s billing records as their Class Counsel Litigation Expenses Payment. Defendant will not oppose their request for a Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment consistent with this Agreement and approved by the Court. The Settlement Administrator will pay the amounts approved by the Court out of the Gross Settlement Amount. If the Court approves a Class Counsel Fees Payment or a Class Counsel Litigation Expenses Payment of less than these amounts, which are presently $766,666, and $30,000 respectively, the remainder will be retained in the Net Settlement Amount for distribution to Participating Class Members. Payroll tax withholding and deductions, if any, will not be taken from the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment and instead one or more Forms 1099 will be issued to Class Counsel with respect to those payments. The payment of the Class Counsel Fees Payment and Class Counsel Litigation Expenses Payment shall be made to Class Counsel.
To Class Counsel. At the Final Approval Hearing, Class Counsel will apply to the Court for an Attorneys Fee Award not to exceed 1/3 of the GSA (which equates to $100,000) and a Cost Award not to exceed $20,000. Defendants shall not oppose this request. The Settlement Administrator will pay the Court approved amounts for the Attorneys Fee Award and Cost Award out of the Gross Settlement Amount. Payroll tax withholding and deductions will not be taken from the Attorneys Fee Award or the Cost Award. IRS Forms 1099 will be issued to Class Counsel with respect to the Attorneys Fee Award. In the event the Court does not approve the entirety of the application for the Attorneys Fee Award and/or Cost Award, the Settlement Administrator shall pay whatever amount the Court awards, and neither Defendants nor the Settlement Administrator shall be responsible for paying the difference between the amount requested and the amount awarded. If the amount awarded is less than the amount requested by Class Counsel for the Attorneys Fee Award and/or Cost Award, the difference shall become part of the NSA and be available for distribution to Participating Class Members.
To Class Counsel. Class Counsel will apply to the District Court for an award of not more than $2,066,534.99 of the Maximum Settlement Amount as their Class Counsel Fees Payment and an additional amount not more than $25,645 as their Class Counsel Litigation Expenses Payment, and Defendants will not oppose their request. If the District Court approves a Class Counsel Fees Payment or a Class Counsel Litigation Expenses Payment of less than $2,066,534.99 in fees or less than $25,645 in expenses, respectively, the remainder will be retained in the Net Settlement Amount for distribution to Participating Class Members. The Claims Administrator shall issue one or more IRS Form(s) 1099 to Class Counsel, and any other associated counsel, with respect to those payments. In consideration of its awarded attorneys’ fees and costs and expenses, Plaintiff’s Counsel waives any and all claims to any further attorneys’ fees and expenses in connection with or related to the Action. Class counsel, and any other associated counsel, agree to complete and return to Defendants applicable IRS W-9 forms as a condition precedent to receiving any payments under this Agreement.
To Class Counsel. Plaintiffs, through Class Counsel, will request, and Defendants agree not to object to, and, if Class Counsel’s request is granted by the Court, to pay an amount of $5,200,000 to pay attorneys’ fees for work performed by Class Counsel in connection with this Litigation. In addition, Plaintiffs will also request, and Defendants agree not to object to, and, if Class Counsel’s request is granted by the Court, to pay an amount of $200,000 for reimbursement of costs incurred in connection with the Litigation. Class Counsel shall file their motion requesting an award of Attorneys’ Fees and Costs no later than thirty (30) days after the entry of the Preliminary Approval Order and shall post it to the settlement website. Plaintiffs, Class Counsel, and Defendants negotiated and agreed to the issue of Attorneys’ Fees and Costs only after reaching agreement in principle on the material terms of consideration for the Settlement Class.
To Class Counsel. Class Counsel will apply to the Superior Court for an award of not more than $3,240,000 (40% of the Maximum Settlement Amount) as their Class Counsel Fees Payment and an amount not more than $275,000 as their Class Counsel Litigation Expenses Payment, and LoJack will not oppose their request. The Settlement Administrator will pay the amount approved by the Superior Court (but not more than $3,240,000 and $275,000, respectively) out of the Maximum Settlement Amount. If the Superior Court approves a Class Counsel Fees Payment or a Class Counsel Litigation Expenses Payment of less than $3,240,000 or $275,000, respectively, the remainder will be retained in the Maximum Net Settlement Amount. Tax deductions and withholdings will not be taken from the Class Counsel Fees Payment or the Class Counsel Litigation Expenses Payment, and instead a Form 1099 will be issued to Class Counsel.
To Class Counsel. Defendant will not oppose a motion to be filed by Class Counsel for Class Counsel Fees in an amount not to exceed $300,000.00, subject to approval by the Court. The Parties agree that 1/3 of the Common Settlement Fund (estimated to be $152,248.32) will be allocated towards the payment of the Class Counsel Fees as awarded by the Court. Separate from the Gross Settlement Amount of $463,243.00, Defendant agrees to separately pay up to an additional $147,751.68 towards Attorney’s Fees to cover the difference between the 1/3 of the Common Settlement Fund and the total amount of Class Counsel Fees awarded by the Court (up to $300,000). The Class Counsel Fees Payment motion will assert, inter alia, that because Plaintiffs were the catalysts to JBT’s change of PTO polices, the substantial benefit and public interest prongs of C.C.P. § 1021.5 are met. Specifically, the fee motion will include that pursuant to section 1021.5, the Court may award attorney fees to a “successful party” in any action that has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement are such as to make the award appropriate, and (c) such fees should not in the interest of justice be paid out of the recovery, if any. (See Xxxxx x. Vicorp Rests., Inc., 407 F. Supp. 2d 1120, 2005 U.S. Dist. LEXIS 40747). Should the Court grant less than $300,000 in Class Counsel Fees as a result of the Class Counsel Fees Payment motion, Defendant agrees to pay the difference between the amount approved by the Court and the amount available from the 1/3 of the Common Settlement Fund. The Class Counsel Fees will be reported as Form 1099 income to Class Counsel and will be subject to Class Counsel providing JBT with a signed Form W-9. 3.5.4. JBT will not oppose Plaintiffs’ request for Class Counsel Litigation Expenses Payment of not more than $30,000.00. Plaintiffs and/or Class Counsel will file a motion for Class Counsel Fees Payment and Class Litigation Expenses Payment no later than 16 court days prior to the Final Approval Hearing. If the Court approves a Class Counsel Fees Payment and/or a Class Counsel Litigation Expenses Payment less than the amounts requested, the Administrator will allocate the remainder to the Net Settlement Amount. Released Parties shall have no liability to Class C...
To Class Counsel. 10 XXXXX XXXXXXXX OR XXXX XXXXXXXXX, XXXXXXXX & TOMASEVIC, LLP 11 000 Xxxxxxxx, 00xx Xxxxx 00 Xxx Xxxxx, XX 00000 Telephone: (000) 000-0000 13 Email: xxxxxxxxxx@xxxxxxxxxxx.xxx 14 XXXXXXX X. XxXXXXXXX XxXXXXXXX LAW FIRM 15 000 0xx Xxxxxx, Xxxxx 0 00 Xxxxxxxxx, XX 00000 Telephone: (000) 000-0000 17 Email: xxxx@xxxxxxxxxxxx.xxx 18 XXXX X. XXXXXX HULETT, HARPER, & XXXXXXX LLP 19 0000 Xxxxxxx Xxxx., No. 1803 20 San Diego, CA 92101 Telephone: (000) 000-0000 To Defendants: 22 Xxxxxxx X. Xxxxx XXXXXXXX & XXXXXXXX LLP 23 000 Xxxxxx Xxxxxx Xxx Xxxxxxxxx, XX 00000-0000 24 Tel: (000) 000-0000 Email: xxxxxx@xxxx.xxx If the identity of the person(s) to be notified for any party change or their address changes, that party shall notify all other Parties of said change in writing. 27 Dated: ___:D=--..::��C�. --'•'"'"----IJ---' 2018 December 6
To Class Counsel. Xxxxx X. Xxxxxxxx Xxxxxx Xxxxxxxxx XXXXXXXX LLC 00 Xxxxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 xxxx@xxxxxxxx.xxx xxxxxx@xxxxxxxx.xxx Xxxxxxx X. Xxxxx Xxxxx, Xxxxx & Xxxxx 0 Xxxx 00xx Xxxxxx New York, NY 10017 Telephone: (000) 000-0000 Facsimile: (000) 000-0000 xxxxxx@xxxxx.xxx